Revolutionary War Pension and Bounty Land Warrant Application File S. 1,760, John Freeman, N.C.

SERVICE
NUMBER
N.C.
Freeman, John.
S. 1,760
Born in N.C.
Carded
CONTENTS

Rev. Mar.
1960
✓ INVALID.
cm
File No. 1760
John Freeman. Prio. N.C. Line.
Act: June 7. 1832.
Index: —Vol. A , Page 131
[Arrangement of 1870.]

13620
West Tennessee
John Freeman
of Wm Lee in the State of Tennessee who was a private in the company commanded by Captain Hawks of the Regt commanded by Col. Kincaid in the North Western line for 9 months
Inscribed on the Roll of West Tennessee at the rate of 30 Dollars  Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of May 1833 and Deutts Thomas Heardman Franklin
Arrears to the 4th of March 60  Semi-ant. allowance ending 4 Sept 1 15  $75
{ Revolutionary Claim, { Act June 7, 1832. }
and by Daniel Day Clerk Vol. 7 Page 78

24850 John Newman Tennessee
from 1780 print 9 months $30.
Blank Knox n.6
Thomas Hardeman Elk Court Williamson City Franklin Tennessee

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of John Newman Williamson  Co. F, 1st Regt. Minn. Vol.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Aug 1780 " 3 " Pri. Capt Blank Genl Cass M c Bonner M c Kinon 71 (year) Jones City Wardour 2 Traditionary Evidence   Sub 1781 " 3 " " Capt Gray Col Avery Genl Sinclair   Feb 1 15 Capt George   " 1 15 Capt Simmons  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

The declaration of John Freeman for a pension State of Tennessee } Court of pleas & quarter Williamson County } sessions April session A.D. 1833
In this 6 th day of April A.D. 1833 personally before us Wm Johnson Christopher E McEwen & Gilbert Martin justices of the court of pleas and quarter sessions held for the county of Williamson on John Freeman a resident of said county and state aged 70 years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions of an act of congress passed 7 th day of June A.D. 1832 that he entered the service of the United States under the following named officers and served as herein stated
I was born in the state of North Carolina in one slow or Hanover county, I do not recollect which in the year 1763 where I lived but a short time, my father moving with his family soon after my birth to Craven County in the same state where I lived until I was 11 or 12 years old when I moved to Jones County in the same state where I lived when I was first drafted the first day of March in the year 1780, and rendezvoused at a small town named Kingston on the tenth day of March 1780 My Capt. was Wm Blanks, My Majors were Bonner and Brinkell I was marched under Gen. Caswell with other troops from Kingston Lenore County (N.C.) to the state of South Carolina crossing Pedee; and Cong- aree at Friday's Ferry. We set out for the aid of Charleston. then we marched down towards Charles- ton, and got in about 35 miles of that place when we heard of the surrender of Charleston to the British. We then went down the Congaree and crossed Santee river and encamped at the high hills of Santee for a short time. We then marched on by Camden and then to cross creek on Cape Fear river now Fayetteville

There we remained until we were discharged which was three months from the time we crossed the south Carolina line. we were discharged in 3 months time from the time we crossed the (S.C.) line making at least three months and a half service but my discharge was but for 3 months signed by Capt Blanks
I returned home and in the spring of 1781 I entered as a substitute in the place of James Tippet into Capt. James Green's company and served a three months tour. This company was attached to a regiment under Gen Linnonton. The purpose of this expedition was against the British at Wilmington. We marched to Bluford Bridge where we encamped and lay some time in consequence of the weakness of our forces. It not being sufficient to attack the enemy I think we remained stationed here till my tour of three months aforesaid was out. Joseph Roads who had taken the company under his command in the place of Capt Green signed my discharge which together with my former is now lost
I next while living at the same place volunteered under Capt Wm George who commanded a company against the Tories. I served one month & a half under Capt George when he gave up his place to Daniel Simmons who commanded in his place I served one month and a half under this latter Capt and he signed my discharge for three months. This tour took place at about the time Cornwallis was going from Wilmington to Newbern a short time before his surrender we had several slight skirmishes with the Tories I claim a pension for nine months and a half service. All my discharges are lost. I state Esqr Andrew Gordon Col Newton Cannon Saml Perkins Edmund Lawrence Bortel Virgin James Goat Esqr my neighbor to whom I refer as to my moral character and veracity and the behalf of my

service in the revolution. There were no other officers except except those named but Col Kincon who was with the troops where I served. Col Kincon was with the troops in my first first tour. I was in the service of 1779 I was 17 years old the 5 th day of January 1779 and was drafted in March following. I had been bound out an old man by the name of Thomas Doolan who kept me from being drafted when I was 16 years old. I have no documentary evidence of my service I know of no person who can prove my service as stated. I have a record of my age in my sons family bible taken from my father. I lived in Jones County till after the revolution when I moved to Warren County Georgia from which I moved to Tennessee 23 years ago and settled in William County where I have been living ever since and now live
I hereby relinquish every claim to a pension or annuity whatever except the present and declare my name is not on the pension roll of any agency of any state  Subscribed & sworn to in open court 5 th April 1853.  Wm. Wardlaw Clerk.  John F Freeman Mark
We Thomas L Douglas - a clergy man resident in the county and state aforesaid and Nicholas Scales also a resident of the same county and state do hereby certify that we are well acquainted with John Freeman who has subscribed and sworn to the above declaration that we believe him to be in his 70 th year of age. That he is reputed and believed in the neighborhood where he resides to have been a soldier in the revolution and that we concur in that opinion  Subscribed & sworn to in open court 6 th April 1853  Wm. Wardlaw Clerk.  Thos. L. Douglas Nich. Scales

And the court do hereby declare their opinion after the investigation of the matter and after the putting of the interrogatories prescribed by the war department that the above named applicant was a revo- lutionary soldier and served as he states and the court further certifies that it appears to them that Thos Douglas who signed the preceding certificate is a clergyman resident in said county and the Seal, who has signed the same is also a resident of the same county, that they are credible persons and that their statement is entitled to credit
C.E.M. Ewan
Wm Johnson
Gilbert Marshall
I Thomas Hardeman Clerk of the court of pleas and quarter sessions held for the Williamson county aforesaid in the state aforesaid do hereby certify that the forgo- ing contains the original proceedings in the matter of the application of John Freeman for a pension In testimony whereof I have hereunto set my hand and seal of office this 24 th day of April A.D. 1833.
Th. Hardeman
John Freeman 24850